Aipedia: Will writers and estate planners

AI ID checks and will fraud risks

Aipedia, by the Apex broking team · Last reviewed 2026-10-30

Remote ID tools help will firms verify clients they never meet, but deepfakes and coerced instructions can defeat them. If a will or LPA is later set aside as fraudulent, the firm that took the instructions may face a claim.

Part of: AI in Will writers and estate planners

In short

Will and LPA instructions taken remotely rely on electronic identity checks, video calls and uploaded documents. AI makes these checks faster, but it also makes impersonation easier: deepfake video and voice, synthetic documents, and relatives posing as the client. SWW Code clauses 2.8 and 5.6 require identity verification and money-laundering compliance where applicable, and both codes require the firm to be satisfied the client acts freely. When a will is set aside, beneficiaries may claim against the firm. PI usually covers negligence, but fraud exclusions and the identity of the wrongdoer affect how a claim is treated.

How AI is used for identity checks

Remote will and LPA services need a way to confirm that the person giving instructions is who they say they are. Firms use electronic identity verification that checks a photo ID document against a live selfie, database checks against credit and electoral records, and video calls with the client. AI may sit inside these tools, matching faces and scoring documents for signs of tampering.

The same technology is available to fraudsters. A convincing synthetic video or voice can now be produced from a few public clips, and a relative with access to the client's documents can pass basic checks.

The duties that apply

SWW Code clauses 2.8 and 5.6 require identity verification and anti-money laundering compliance where applicable, and clause 2.8 also covers confidentiality and data protection. Clause 6.3 requires the member to confirm the client acts freely and has capacity. IPW Code clause 5.3 requires the member to be satisfied the client acts freely and understands the service, and clause 5.9 sets requirements for remote instructions.

Identity checks and free-will checks are different things. A tool can confirm that the face on the screen matches the passport. It cannot confirm that the person is not being told what to say by someone off camera. Treat a passed check as one piece of evidence, alongside your own conversation with the client and the circumstances of the instruction.

What can go wrong

A relative impersonates an elderly client on a video call and instructs a will in their own favour.
Instructions arrive by email from a compromised account, and the remote check is done on documents the fraudster holds.
A genuine client is pressured into instructions during a remote call, with the pressurer out of view.
An LPA is registered using forged signatures after a remote "verification".

Illustrative scenario: a firm takes will instructions entirely online. The applicant passes an AI identity check using the client's passport and a live video. After the client dies, the family shows that a nephew made the call using a filter and the client never knew of the will. The will is set aside, the estate pays litigation costs, and the beneficiaries of the earlier will claim those costs from the firm, arguing its checks were inadequate for an elderly client it never spoke to.

How PI usually responds

A claim that the firm negligently failed to detect a third party's fraud is usually a negligence claim, and PI commonly responds to it subject to the terms. Many PI policies exclude dishonest or fraudulent acts by the insured or its staff, though some give cover to innocent partners. If an employee was involved, the policy wording and any crime cover become important. Where the loss is money stolen rather than a negligence claim, PI may not respond at all. See AI exclusions and clauses in insurance policies and does PI cover AI mistakes.

Practical controls

Use identity verification tools that include liveness detection, and keep their results on file.
Speak to the client by phone on a number you have verified independently, not one given in the instructions.
Be cautious when a beneficiary arranges, pays for or attends the remote session.
Ask the client questions only they would know, and record the answers.
Send confirmation of instructions to the client's verified address, not only by email.
Escalate any doubt before the will or LPA is signed.

Solicitors' AML checks are covered in AI AML and KYC checks. Related pages: AI and LPAs, online will chatbots and capacity and undue influence.

How Apex helps

Apex arranges PI for will firms with remote services, and a broker can explain how fraud exclusions in your policy would apply. See AI in will writing.

Sources

Frequently asked

Can a deepfake pass a remote identity check?

It is possible, particularly with basic checks or video calls that rely on appearance alone. Liveness detection, independent call-backs and confirmation by post make it harder.

Does an ID check prove the client acts freely?

No. It confirms identity, not independence. Both codes require the firm to be satisfied the client acts freely, which usually needs time with the client alone and a record of how the firm was satisfied.

What records should we keep of a remote ID check?

Keep the verification result, the documents checked, the date and method, any call-back made and who carried it out. If the will is challenged years later, this record is often the main evidence that the firm took reasonable steps.

Will PI cover a claim if a fraudster obtained a will through us?

Usually the claim is that the firm was negligent in failing to detect the fraud, which PI commonly covers subject to the terms. Fraud by your own staff is treated differently and often excluded.

Check your PI covers how you use AI

Tell us about your firm and the work you do. A broker will review how your current PI treats AI-assisted work, or arrange new cover. No fee for a quote. Or call 0117 325 0027.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.